South Carolina General Assembly
110th Session, 1993-1994
Journal of the House of Representatives

MONDAY, JUNE 14, 1993

Monday, June 14, 1993(Statewide Session)

Indicates Matter StrickenIndicates New Matter

The House assembled at 11:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Help us, good Lord, to do our very best in the challenges of this day. Cause us to use our God-given abilities for the welfare of Your people and altogether acceptable to You, making of ourselves "approved of God, workmen that need not to be ashamed." So as we seek what is right and then as we struggle to climb the ladder to success, God forbid that we should discover that "our ladder is leaning against the wrong wall." Make us as productive today as we dream of for tomorrow.

Enable us to hear and heed the wisdom of Your Word: "He that handles a matter wisely shall fine good; and he who trusts in the Lord, happy is he." (Proverbs 16:20) Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. D. WILDER moved that when the House adjourns, it adjourn in memory of Dr. Reid Montgomery, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 4298 -- Rep. Stuart: A CONCURRENT RESOLUTION TO CONGRATULATE THE TOWN OF NEESES UPON THE OCCASION OF ITS UPCOMING ONE HUNDREDTH ANNIVERSARY IN NOVEMBER, 1993.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4299 -- Rep. Stuart: A CONCURRENT RESOLUTION TO CONGRATULATE THE TOWN OF NORWAY UPON THE OCCASION OF ITS UPCOMING ONE HUNDREDTH ANNIVERSARY IN DECEMBER, 1993.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

The following was introduced:

H. 4300 -- Rep. Rudnick: A HOUSE RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AT THE DEATH OF HENRY TECKLENBURG OF CHARLESTON COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

The SPEAKER granted Rep. DELLENEY a leave of absence due to guard duty.

The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day.

The SPEAKER granted Rep. WHITE a leave of absence for the day.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 4272 -- Reps. Carnell and McAbee: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN GREENWOOD COUNTY UNTIL JUNE 30, 1994.

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 4264 -- Reps. Robinson, Marchbanks and Trotter: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN PICKENS COUNTY UNTIL JULY 1, 1994.

H. 4285 -- Reps. Cobb-Hunter and Govan: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR ORANGEBURG COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF ORANGEBURG COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND PROVIDE FOR OTHER LOCAL ORANGEBURG COUNTY MATTERS.

H. 4289 -- Reps. Stoddard, Carnell and D. Wilder: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN LAURENS COUNTY UNTIL JULY 1, 1994.

H. 4287 -- Reps. J. Bailey, Barber, Harrell, Fulmer, Hallman, Whipper, Breeland, Gonzales, R. Young and Holt: A BILL TO AMEND SECTION 54-15-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSIONERS OF PILOTAGE FOR THE PORT OF CHARLESTON AND THEIR APPOINTMENT, TERMS, AND VACANCIES, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSIONERS OF PILOTAGE FROM FIVE TO SIX.

HOUSE STANDS AT EASE

The House stood at ease subject to the call of Chair.

THE HOUSE RESUMES

At 12:40 P.M. the House resumed, the SPEAKER in the Chair.

Rep. HASKINS moved that the House recede until 2:00 P.M., which was adopted.

THE HOUSE RESUMES

At 2:00 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

RECURRENCE TO THE MORNING HOUR

Rep. H. BROWN moved that the House recur to the morning hour, which was agreed to.

SENATE AMENDMENTS CONCURREDIN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 4242 -- Reps. Wofford, H. Brown, Williams and Law: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE PRECINCTS, DELETE LOCATIONS OF POLLING PLACES, AND PROVIDE THAT POLLING PLACES MUST BE ESTABLISHED BY THE BERKELEY COUNTY ELECTION COMMISSION SUBJECT TO THE APPROVAL OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

Rep. HODGES moved to waive Rule 5.14, which was agreed to by a division vote of 103 to 1.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

RECORD FOR VOTING

From what I have read and heard in the media, the Free Conference Report is superior to the House version of government restructure. The Report phases in the agency changes rather than requiring mass implementation on July 1, 1993. The Administrative Law Judge provision is much narrower. The Report does not create a layer of high-paid political appointees.

However, the Report does not contain a cohesive, sensible plan for restructure; there is no consistent philosophy of governance. Now we will truly have a "hodge-podge" government.

Further, this whole restructure issue misleads the public the current proposal purports to merge 72 agencies into 19. If I'm correct, somewhere between 38 and 41 of these "merged agencies" are professional occupation licensing agencies (POLA's). These POLA's do not cost the tax payers one dime. I'll bet restructure doesn't affect 25% of appropriated funds.

One good feature of the House bill was language that would have given agency managers more authority to run their agencies - to get resources where they can do the most good. This language is not in the Free Conference Report - I don't think.

In fact, none of us can be sure of what is in the Report. House members cannot get a copy of the Report. (It's about 1700 pages long.)
The House voted on the 699 page Senate plan without having the chance to read copies. Originally we were given less than 24-hours to study a 2500 page bill.

And that is the bottom line. H. 3546 is being called the most important legislation in 100 years. I cannot honestly say that I have read every bill I've voted for in my 7 years in the House, but I feel this is one I needed to study.

Rep. JOSEPH T. McELVEEN, JR.

RECORD FOR VOTING

After all considerations and feeling that restructuring cannot best serve the best interest of the people of South Carolina, I wish to be recorded as voting against it.

Rep. G. RALPH DAVENPORT, JR.

STATEMENT FOR JOURNAL--RE: H. 3546

Mr. Speaker, Fellow House members, Ladies and Gentlemen, I rise today not to bore you but to make some final comments on the restructuring of state government in South Carolina.

To no surprise to anyone here, I have been, I am and will continue to oppose this restructured form of government for South Carolina, for it leads to a concentration of unchecked power in the Governor's Office of South Carolina. Regardless of who the Governor may be, it excludes the participation of South Carolinians in their government through service on state boards and commissions. It will encourage stop and go government each time a new Governor is elected. Simply put to the department heads from the new governor, dance to my music or you will be replaced. It will create another layer of bureaucracy which will not be accessible to the public. I guarantee that our efforts to grasp a brighter and more positive future will, at best, never exceed the reach of an eight-year gubernatorial term.

We do have problems in South Carolina state government and my question is, in this massive restructuring, what are we doing to solve the problems of teen pregnancy; high school drop-outs; decaying school buildings; unemployment; rundown and dilapidated school buses; inadequately funded mental retardation programs; job training programs; rural economic development; overcrowded prisons, and inadequate pay for our state employees? I submit to you today that in the 1993-94 Appropriation Bill, we have no pay increases for our state employees, but today we are voting on a restructuring plan that no one has been able to give an adequate estimate as to how much it will cost to implement, but in all probability, it will cost tens of millions of dollars.

I have observed over the last few years that people who have been appointed to the boards and commissions in this State were big campaign contributors. I wonder, under this new forum of restructured government, if the agency heads will be men and women of outstanding capacity, character and qualifications, or will they be the people who contributed the most or worked the hardest in a special campaign, or maybe the newly formed and restructured government will be like Washington where too often these people are chosen not because of their ability but because of their party affiliation and activity.

The South Carolina Department of Highways and Public Transportation is one agency that will undergo much change. Given the fact that I live in the Third Judicial Circuit which is composed of Sumter, Clarendon, Williamsburg and Lee Counties, which now has an opportunity every sixteen years to have a sitting member on the Highway Commission (PAUSE) You no doubt noticed my moment of silence because under this newly formed restructured government, I can guarantee those of you in this body who represent small rural counties, your county will never have representation on the South Carolina Highway Commission again. Each one of us here today has the honor of serving 28,000 South Carolinians. Some of these 124 House Districts are very compact and others are sparsely populated which have tremendous geographical areas. I say this to simply state that these rural districts deserve representation on the State Highway Commission just as much as the urbanized areas.

Under the newly restructured plan for the Highway Department, each Congressional District will get one seat and the Governor has the right to appoint the seventh commissioner. No rural South Carolina counties or areas will enjoy representation again on the Highway Commission.

The original restructuring commission study did state, and I give them credit for their honesty, that there would be no real savings of dollars with this type of government. I submit to you today that the people of this State are being sold a pig in a poke.

Yes, the lives and property of the citizens of South Carolina are in jeopardy; for today this General Assembly will help pass into law the most sweeping changes to our state government since the end of Reconstruction. Yes, a host of progressives will combine many of its agencies, boards and commissions which have done the work of our state government over the years, and a institute a so-called more efficient professional system.

How do I explain to all the citizens of Lee and Sumter Counties that removing them from the governing boards and commissions and having everyone who worked for the State report to the Governor's Office that I am giving government back to the people. Someone back home is going to say "Grady, that just doesn't make sense." How can I explain that it is more accountable if everyone reports to the Governor's Office who is only accessible once in eight years. The real question is not can these state agency heads make The State paper happy, but are our services open, accessible and convenient for the public?

The real thesis behind this restructuring of South Carolina state government is that the good ole' boys, the amateur private citizens, who have filled our boards and commissions, are not good enough to oversee the work of our State anymore. The idea is that professional bureaucrats will be able to do a much better job and to react more quickly in an emergency situation. The idea is that professionals will be able to spend less of the taxpayer's money and give better service because of their training and expertise in political areas. Poor South Carolina, that for all these years we have managed to pay our bills and keep an enviable credit rating under the direction of these amateurs. Wouldn't it be so much better if we had had the benefit of professional managers just like the federal government in Washington, DC? Wouldn't it have been so much better if we had had the benefit of a strong state executive able to cram a new program down the General Assembly's throat, if necessary? Wouldn't South Carolina be so much better off if we, too, had the benefits that come with a rising deficit and a government out of control of those amateurs, the taxpayers? The definition of an amateur is one who does something for the love of it rather than for personal gain. That doesn't, of course, mean that all amateurs are perfect, but the majority in state government are concerned with the good of the State and their constituents. Many actually loss money by their service on these boards and commissions which are taking such a drubbing from the reformers. Need I say more? I rest my case. Thank you.

The COMMITTEE OF FREE CONFERENCE, to whom was referred:H. 3043 -- Rep. Scott: A BILL TO AMEND SECTION 22-3-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S AUTHORITY TO SUSPEND SENTENCES IN CERTAIN CASES, SO AS TO PROVIDE THAT UP TO ONE HUNDRED HOURS OF COMMUNITY SERVICE MAY BE IMPOSED WHERE AN AMOUNT IS NOT PROVIDED OTHERWISE.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/ SECTION 1. Section 22-3-800 of the 1976 Code is amended to read:

"Section 22-3-800. Notwithstanding the limitations of Sections 17-25-100 and 24-21-410, after a conviction or plea for anyan offense within hisa magistrate's jurisdiction anythe magistrate may at the time of sentence may suspend the imposition or execution of a sentence upon such terms and conditions as hethe magistratemay deemconsiders appropriate,including imposing or suspending up to one hundred hours of community service, except where the amount of community service is established otherwise, provided,.The magistrate shall not order community service in lieu of a sentence for offenses under Title 50, for offenses under Section 34-11-90, or for an offense of driving under suspension pursuant to Section 56-1-460 when the person's driver's license was suspended pursuant to the provisions of Section 56-5-2990. The magistrate must keep records on the community service hours ordered and served for each sentence. However, that after a conviction or plea for drawing and uttering a fraudulent check or other instrument in violation of Section 34-11-60 within histhe magistrate's jurisdiction,he shall at the time of sentence the magistrate may suspend the imposition or execution of a sentence only upon a showing of satisfactory proof of restitution. Provided, further, whenWhen a minimum sentence is provided for by statute, except in Section 34-11-90, the magistrate shallmay not have authority to suspend suchthat sentence below the minimum sentence so provided and, with regard to penalties under Title 50, such penalties shallmay not be suspended to an amount less than twenty-five dollars unless the minimum penalty is a fine of less than that amount. Nothing in this section shallmay be construed to authorize or empower anya magistrate to suspend anya specific suspension of any rightsa right or privileges asprivilege imposed under anya statutory administrative penalty. Nothing in this section shallmay be construed as givingto givemagistratesa magistrate the right to place anya person on probation."

SECTION 2. Chapter 1 of Title 22 of the 1976 Code is amended by adding:

"Section 22-1-25. Notwithstanding the provisions of Section 9-1-1530 or Section 1-13-80(h)(8), (10), or (12); it shall be mandatory for a magistrate to retire not later than the end of the fiscal year in which he reaches his seventy-second birthday. Any magistrate serving in office on the effective date of this section who has attained the age of seventy-two years prior to July 1, 1993, may continue to serve until June 30, 1994."

SECTION 3. Section 8-13-910 of the 1976 Code is amended to read:

"Section 8-13-910. (A) No person who is a candidate for public office which is filled by election by the General Assembly or with the advice and consent of the Senate or the General Assembly may be voted upon by the General Assembly or either house thereof until at least ten days following the date on which the candidate files a statement of economic interests as defined in this chapter with the Chairman of the Senate Ethics Committee and the Chairman of the House of Representatives Ethics Committee, as appropriate.

(B)No person who is appointed to an office which is filled with the advice and consent of the Senate or the General Assembly may be confirmed unless the appointment, when received by the Senate and/or the House, is accompanied by a current original copy of a statement of economic interests which has been filed with the appointing authority and is transmitted with the appointment and until at least ten days following the date on which the appointment, with the attached original economic interests statement, has been received by the Senate and/or the House."

SECTION 4. Chapter 3 of Title 1 of the 1976 Code is amended by adding:

"Section 1-3-215. Appointments of the Governor requiring the advice and consent of the Senate must be transmitted to the Senate and must contain at a minimum the following information:

(1) The title of the office to which the individual is being appointed;

(2) The designation of any special seat, discipline, interest group, or other designated entity that the individual is representing or is chosen from;

(3) The full legal name of the individual being appointed;

(4) The current street or mailing address and telephone number;

(5) The county, counties, district, or other geographic area or political subdivision being represented;

(6) The name of the individual being replaced if the appointment is not an initial appointment; and

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

HOUSE STANDS AT EASE

The House stood at ease subject to the call of Chair.

THE HOUSE RESUMES

At 3:00 P.M. the House resumed, the SPEAKER in the Chair.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 14, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it requests the return of S. 599.

Very respectfully,
President

No. 116

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 14, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 599:S. 599 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 9, TITLE 47 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN AN EQUINE ACTIVITY CAUSED BY AN INHERENT RISK OF EQUINE ACTIVITY.
and has ordered the Bill Enrolled for Ratification.

The COMMITTEE OF CONFERENCE, to whom was referred:H. 3151 -- Reps. Wilkins, Hodges, Jennings and Clyborne: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES, SO AS TO PROVIDE A CLASSIFICATION SYSTEM FOR ALL FELONY AND MISDEMEANOR CRIMES AND OFFENSES AND EXCEPTIONS; TO AMEND SECTION 16-1-20, RELATING TO CLASSIFICATION OF OTHER CRIMES, SO AS TO PROVIDE THE MAXIMUM TERM OF IMPRISONMENT, TO EXEMPT OFFENSES WHICH REFER TO A MANDATORY MINIMUM TERM OF IMPRISONMENT, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 16-1-30, RELATING TO CLASSIFICATION OF NEW OFFENSES, SO AS TO REQUIRE ALL NEW OFFENSES TO BE CLASSIFIED PURSUANT TO SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 16-1-40 AND 16-1-50, RELATING TO ACCESSORIES BEFORE THE FACT AND INDICTMENT AND CONVICTION OF ACCESSORIES, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-55 SO AS TO CLASSIFY THE OFFENSE OF ACCESSORY AFTER THE FACT; TO AMEND SECTION 16-1-60, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD CRIMINAL SEXUAL CONDUCT WITH MINORS AND ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-80 SO AS TO CLASSIFY AN ATTEMPT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-1-90 AND 16-1-100 SO AS TO PROVIDE A LIST OF EACH CRIME AND OFFENSE AND ITS CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-110 SO AS TO PROVIDE FOR CRIMES OR OFFENSES INADVERTENTLY OMITTED FROM CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-11-325 SO AS TO PROVIDE THAT COMMON LAW ROBBERY IS A FELONY AND TO SET THE MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 7-25-50, 7-25-80, 7-25-190, 8-1-20, 12-7-2750, 12-9-840, 12-21-2716, 12-27-50, 12-29-610, 12-31-670, 12-45-110, 16-5-10, 16-7-160, AS AMENDED, 16-9-320, AS AMENDED, 16-9-340, 16-11-20, 16-11-170, 16-11-617, 16-11-740, AS AMENDED, 16-13-160, 16-13-170, 16-13-290, 16-15-140, 16-15-385, AS AMENDED, 16-17-410, 16-17-430, 16-17-600, AS AMENDED, 16-21-10, 16-21-40, 16-21-130, 16-21-140, 16-23-220, AS AMENDED, 16-23-230, AS AMENDED, 16-23-240, AS AMENDED, 16-23-260, AS AMENDED, 16-23-410, 16-23-420, 16-23-440, AS AMENDED, 16-23-480, 16-23-490, 16-23-520, 17-13-50, 17-15-90, 20-7-50, 20-7-60, 20-7-80, 23-31-340, AS AMENDED, 23-31-360, AS AMENDED, 24-1-270, 24-13-410, 24-13-420, 27-32-120, 34-13-90, 38-9-150, 38-13-170, 39-22-90, 39-23-80, 43-29-41, 43-30-100, AS AMENDED, 44-23-1150, 44-52-165, 44-53-40, 44-53-375, AS AMENDED, 44-53-390, 44-53-445, AS AMENDED, 44-55-1510, 46-41-30, 47-19-120, 55-1-30, 56-1-1100, 56-5-1030, 57-1-60, 58-13-740, 58-15-820, AND 58-17-4100, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM MISDEMEANORS TO FELONIES AND THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 12-54-40, AS AMENDED, 16-3-410, 16-9-10, 16-9-20, 16-11-140, 16-11-700, AS AMENDED, 16-11-920, AS AMENDED, 16-11-940, AS AMENDED, 16-14-40, 16-14-60, AS AMENDED, 16-14-70, 16-17-470, 20-7-2660, AS AMENDED, 47-3-760, AS AMENDED, 47-21-80, AND 48-43-550, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM FELONIES TO MISDEMEANORS, TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20 AND TO PROVIDE FOR PENALTIES; TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-10, 16-13-30, 16-13-40, 16-13-50, 16-13-70, 16-13-110, 16-13-180, AS AMENDED, 16-13-210, 16-13-230, 16-13-240, 16-13-260, 16-13-420, 16-13-425, 16-13-430, 16-21-80, 38-55-170, AS AMENDED, 46-1-20, 46-1-40, 46-1-60, 46-1-70, AND 49-1-50, AS AMENDED, RELATING TO VARIOUS CRIMES AND OFFENSES INVOLVING PROPERTY, SO AS TO CREATE A THREE TIER CLASSIFICATION BASED UPON THE VALUE OF THE PROPERTY INVOLVED THAT SPECIFIES WHETHER THE OFFENSE IS A MISDEMEANOR OR FELONY AND MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 2-17-140, 4-11-130, 4-17-70, 5-21-30, 5-21-40, 6-7-800, 6-7-1080, 6-7-1110, 7-25-10, 7-25-20, 7-25-60, 7-25-70, 7-25-100, 7-25-110, 7-25-120, 7-25-160, 7-25-170, 8-1-30, 8-9-10, 8-11-30, 8-13-320, AS AMENDED, 8-13-540, AS AMENDED, 9-1-1160, 10-11-360, 11-1-20, 11-1-40, 11-9-20, 12-2-70, 12-21-2540, 12-21-2714, 12-21-3070, 12-54-40, AS AMENDED, 16-3-50, 16-3-60, 16-3-70, 16-3-75, 16-5-40, 16-5-130, 16-7-170, 16-9-30, 16-9-410, 16-11-30, 16-11-190, 16-11-330, 16-11-380, 16-11-390, 16-11-560, 16-11-570, 16-13-150, 16-13-385, 16-14-80, 16-14-100, 16-15-50, 16-15-130, 16-15-250, 16-15-405, 16-15-425, 16-16-20, 16-17-510, 16-17-560, 16-17-700, 16-21-60, 16-23-50, AS AMENDED, 16-23-465, 16-23-470, 17-7-510, 17-15-150, 22-5-120, 22-9-140, 23-1-20, 23-17-110, 23-31-190, 23-35-130, 24-3-910, 25-1-150, 25-7-20, 25-7-50, 25-15-20, 27-29-150, 30-15-50, 34-19-110, 37-13-50, 38-7-140, 38-13-140, 38-25-330, 38-37-930, 38-37-1650, 38-43-190, 38-43-240, 38-47-60, 38-55-80, 38-55-150, 38-55-160, 38-59-50, 39-15-170, 39-15-470, 39-17-340, 40-5-320, 40-5-350, 40-5-360, 40-6-170, 40-11-300, 40-41-220, 40-43-140, AS AMENDED, 40-43-320, 41-15-50, 43-5-40, 43-33-40, 44-31-360, 44-53-370, AS AMENDED, 46-17-460, 46-19-270, 46-25-80, 48-27-230, 48-27-250, 48-49-60, 50-1-136, 50-13-350, 50-13-1460, 50-13-1470, 50-21-710, 54-1-40, 56-5-750, 56-5-2945, 56-29-30, 58-13-10, 59-25-250, 59-63-450, AND 61-13-810 RELATING TO CRIMES AND OFFENSES, SO AS TO CHANGE THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION ESTABLISHED FOR EACH OFFENSE; TO AMEND SECTION 12-7-1680, AS AMENDED, RELATING TO VIOLATION OF SECRECY OF INCOME INFORMATION, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; TO AMEND SECTION 16-3-615, RELATING TO SEXUAL BATTERY, SO AS TO CHANGE THE TERM OF IMPRISONMENT TO TEN YEARS; TO AMEND SECTION 16-3-1070, RELATING TO STALKING, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATES' JURISDICTION, SO AS TO PROVIDE THAT PETIT LARCENY AND ALL OTHER OFFENSES INVOLVING PERSONAL PROPERTY IN WHICH THE VALUE IS TWO HUNDRED DOLLARS OR LESS IS WITHIN THE MAGISTRATE'S JURISDICTION; TO AMEND SECTION 50-17-1190, RELATING TO PENALTIES FOR VIOLATIONS OF THE COASTAL FISHERIES LAWS, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; AND TO REPEAL SECTIONS 16-1-15 RELATING TO ALL DEGREES OF BURGLARY BEING A FELONY, 16-9-40 RELATING TO ADDITIONAL PERMISSIBLE PUNISHMENT FOR PERJURY, 16-13-20 RELATING TO PRIVILY STEALING FROM PERSON OR HOUSE AS GRAND LARCENY, 16-13-90 RELATING TO THEFT OF BEDDING AND OTHER FURNISHINGS FROM LODGING, 16-13-190 RELATING TO STEALING TIRES OR TUBES, 16-13-200 RELATING TO RECEIPT OF STOLEN TIRES AND TUBES, 16-15-30 RELATING TO ABDUCTING A MAID UNDER SIXTEEN YEARS OF AGE, 16-15-40 RELATING TO CONTRACTING MATRIMONY WITH AN ABDUCTED MAID UNDER THE AGE OF SIXTEEN, 24-5-40 RELATING TO SEPARATE LODGING FOR DEBTORS, 39-23-90 RELATING TO PENALTIES FOR VIOLATING SECTION 39-23-80, AND 54-9-80 RELATING TO IMPRESSING SEAMEN.
Beg leave to report that they have duly and carefully considered the same and recommend:

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The following was introduced:

H. 4301 -- Reps. G. Bailey and Harvin: A CONCURRENT RESOLUTION CONGRATULATING MR. AND MRS. JAMES W. BILTON, SR. OF DORCHESTER COUNTY ON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY, AND EXTENDING THEM BEST WISHES FOR MANY MORE YEARS OF HAPPINESS TOGETHER.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 14, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3546:H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS. (Shortened Title)
and the Report of the Committee of Free Conference having been adopted by both Houses has ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.

Very respectfully,
President

No. 228

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 14, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3043:H. 3043 -- Rep. Scott: A BILL TO AMEND SECTION 22-3-800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S AUTHORITY TO SUSPEND SENTENCES IN CERTAIN CASES, SO AS TO PROVIDE THAT UP TO ONE HUNDRED HOURS OF COMMUNITY SERVICE MAY BE IMPOSED WHERE AN AMOUNT IS NOT PROVIDED OTHERWISE.
Very respectfully,
President

No. 231

H. 3043--ORDERED ENROLLED FOR RATIFICATION

The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 14, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3151:H. 3151 -- Reps. Wilkins, Hodges, Jennings and Clyborne: A BILL TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES, SO AS TO PROVIDE A CLASSIFICATION SYSTEM FOR ALL FELONY AND MISDEMEANOR CRIMES AND OFFENSES AND EXCEPTIONS; TO AMEND SECTION 16-1-20, RELATING TO CLASSIFICATION OF OTHER CRIMES, SO AS TO PROVIDE THE MAXIMUM TERM OF IMPRISONMENT, TO EXEMPT OFFENSES WHICH REFER TO A MANDATORY MINIMUM TERM OF IMPRISONMENT, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 16-1-30, RELATING TO CLASSIFICATION OF NEW OFFENSES, SO AS TO REQUIRE ALL NEW OFFENSES TO BE CLASSIFIED PURSUANT TO SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 16-1-40 AND 16-1-50, RELATING TO ACCESSORIES BEFORE THE FACT AND INDICTMENT AND CONVICTION OF ACCESSORIES, SO AS TO MAKE GRAMMATICAL CHANGES; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-55 SO AS TO CLASSIFY THE OFFENSE OF ACCESSORY AFTER THE FACT; TO AMEND SECTION 16-1-60, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD CRIMINAL SEXUAL CONDUCT WITH MINORS AND ASSAULT WITH INTENT TO COMMIT CRIMINAL SEXUAL CONDUCT; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-80 SO AS TO CLASSIFY AN ATTEMPT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-1-90 AND 16-1-100 SO AS TO PROVIDE A LIST OF EACH CRIME AND OFFENSE AND ITS CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-110 SO AS TO PROVIDE FOR CRIMES OR OFFENSES INADVERTENTLY OMITTED FROM CLASSIFICATION; TO AMEND THE 1976 CODE BY ADDING SECTION 16-11-325 SO AS TO PROVIDE THAT COMMON LAW ROBBERY IS A FELONY AND TO SET THE MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 7-25-50, 7-25-80, 7-25-190, 8-1-20, 12-7-2750, 12-9-840, 12-21-2716, 12-27-50, 12-29-610, 12-31-670, 12-45-110, 16-5-10, 16-7-160, AS AMENDED, 16-9-320, AS AMENDED, 16-9-340, 16-11-20, 16-11-170, 16-11-617, 16-11-740, AS AMENDED, 16-13-160, 16-13-170, 16-13-290, 16-15-140, 16-15-385, AS AMENDED, 16-17-410, 16-17-430, 16-17-600, AS AMENDED, 16-21-10, 16-21-40, 16-21-130, 16-21-140, 16-23-220, AS AMENDED, 16-23-230, AS AMENDED, 16-23-240, AS AMENDED, 16-23-260, AS AMENDED, 16-23-410, 16-23-420, 16-23-440, AS AMENDED, 16-23-480, 16-23-490, 16-23-520, 17-13-50, 17-15-90, 20-7-50, 20-7-60, 20-7-80, 23-31-340, AS AMENDED, 23-31-360, AS AMENDED, 24-1-270, 24-13-410, 24-13-420, 27-32-120, 34-13-90, 38-9-150, 38-13-170, 39-22-90, 39-23-80, 43-29-41, 43-30-100, AS AMENDED, 44-23-1150, 44-52-165, 44-53-40, 44-53-375, AS AMENDED, 44-53-390, 44-53-445, AS AMENDED, 44-55-1510, 46-41-30, 47-19-120, 55-1-30, 56-1-1100, 56-5-1030, 57-1-60, 58-13-740, 58-15-820, AND 58-17-4100, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM MISDEMEANORS TO FELONIES AND THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20; TO AMEND SECTIONS 12-54-40, AS AMENDED, 16-3-410, 16-9-10, 16-9-20, 16-11-140, 16-11-700, AS AMENDED, 16-11-920, AS AMENDED, 16-11-940, AS AMENDED, 16-14-40, 16-14-60, AS AMENDED, 16-14-70, 16-17-470, 20-7-2660, AS AMENDED, 47-3-760, AS AMENDED, 47-21-80, AND 48-43-550, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO CHANGE PORTIONS FROM FELONIES TO MISDEMEANORS, TO CONFORM TO THE CLASSIFICATION SYSTEM ESTABLISHED IN SECTIONS 16-1-10 AND 16-1-20 AND TO PROVIDE FOR PENALTIES; TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-10, 16-13-30, 16-13-40, 16-13-50, 16-13-70, 16-13-110, 16-13-180, AS AMENDED, 16-13-210, 16-13-230, 16-13-240, 16-13-260, 16-13-420, 16-13-425, 16-13-430, 16-21-80, 38-55-170, AS AMENDED, 46-1-20, 46-1-40, 46-1-60, 46-1-70, AND 49-1-50, AS AMENDED, RELATING TO VARIOUS CRIMES AND OFFENSES INVOLVING PROPERTY, SO AS TO CREATE A THREE TIER CLASSIFICATION BASED UPON THE VALUE OF THE PROPERTY INVOLVED THAT SPECIFIES WHETHER THE OFFENSE IS A MISDEMEANOR OR FELONY AND MAXIMUM TERM OF IMPRISONMENT; TO AMEND SECTIONS 2-17-140, 4-11-130, 4-17-70, 5-21-30, 5-21-40, 6-7-800, 6-7-1080, 6-7-1110, 7-25-10, 7-25-20, 7-25-60, 7-25-70, 7-25-100, 7-25-110, 7-25-120, 7-25-160, 7-25-170, 8-1-30, 8-9-10, 8-11-30, 8-13-320, AS AMENDED, 8-13-540, AS AMENDED, 9-1-1160, 10-11-360, 11-1-20, 11-1-40, 11-9-20, 12-2-70, 12-21-2540, 12-21-2714, 12-21-3070, 12-54-40, AS AMENDED, 16-3-50, 16-3-60, 16-3-70, 16-3-75, 16-5-40, 16-5-130, 16-7-170, 16-9-30, 16-9-410, 16-11-30, 16-11-190, 16-11-330, 16-11-380, 16-11-390, 16-11-560, 16-11-570, 16-13-150, 16-13-385, 16-14-80, 16-14-100, 16-15-50, 16-15-130, 16-15-250, 16-15-405, 16-15-425, 16-16-20, 16-17-510, 16-17-560, 16-17-700, 16-21-60, 16-23-50, AS AMENDED, 16-23-465, 16-23-470, 17-7-510, 17-15-150, 22-5-120, 22-9-140, 23-1-20, 23-17-110, 23-31-190, 23-35-130, 24-3-910, 25-1-150, 25-7-20, 25-7-50, 25-15-20, 27-29-150, 30-15-50, 34-19-110, 37-13-50, 38-7-140, 38-13-140, 38-25-330, 38-37-930, 38-37-1650, 38-43-190, 38-43-240, 38-47-60, 38-55-80, 38-55-150, 38-55-160, 38-59-50, 39-15-170, 39-15-470, 39-17-340, 40-5-320, 40-5-350, 40-5-360, 40-6-170, 40-11-300, 40-41-220, 40-43-140, AS AMENDED, 40-43-320, 41-15-50, 43-5-40, 43-33-40, 44-31-360, 44-53-370, AS AMENDED, 46-17-460, 46-19-270, 46-25-80, 48-27-230, 48-27-250, 48-49-60, 50-1-136, 50-13-350, 50-13-1460, 50-13-1470, 50-21-710, 54-1-40, 56-5-750, 56-5-2945, 56-29-30, 58-13-10, 59-25-250, 59-63-450, AND 61-13-810 RELATING TO CRIMES AND OFFENSES, SO AS TO CHANGE THE MAXIMUM TERM OF IMPRISONMENT TO CONFORM TO THE CLASSIFICATION ESTABLISHED FOR EACH OFFENSE; TO AMEND SECTION 12-7-1680, AS AMENDED, RELATING TO VIOLATION OF SECRECY OF INCOME INFORMATION, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; TO AMEND SECTION 16-3-615, RELATING TO SEXUAL BATTERY, SO AS TO CHANGE THE TERM OF IMPRISONMENT TO TEN YEARS; TO AMEND SECTION 16-3-1070, RELATING TO STALKING, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATES' JURISDICTION, SO AS TO PROVIDE THAT PETIT LARCENY AND ALL OTHER OFFENSES INVOLVING PERSONAL PROPERTY IN WHICH THE VALUE IS TWO HUNDRED DOLLARS OR LESS IS WITHIN THE MAGISTRATE'S JURISDICTION; TO AMEND SECTION 50-17-1190, RELATING TO PENALTIES FOR VIOLATIONS OF THE COASTAL FISHERIES LAWS, SO AS TO PROVIDE THAT THE OFFENSE IS A MISDEMEANOR; AND TO REPEAL SECTIONS 16-1-15 RELATING TO ALL DEGREES OF BURGLARY BEING A FELONY, 16-9-40 RELATING TO ADDITIONAL PERMISSIBLE PUNISHMENT FOR PERJURY, 16-13-20 RELATING TO PRIVILY STEALING FROM PERSON OR HOUSE AS GRAND LARCENY, 16-13-90 RELATING TO THEFT OF BEDDING AND OTHER FURNISHINGS FROM LODGING, 16-13-190 RELATING TO STEALING TIRES OR TUBES, 16-13-200 RELATING TO RECEIPT OF STOLEN TIRES AND TUBES, 16-15-30 RELATING TO ABDUCTING A MAID UNDER SIXTEEN YEARS OF AGE, 16-15-40 RELATING TO CONTRACTING MATRIMONY WITH AN ABDUCTED MAID UNDER THE AGE OF SIXTEEN, 24-5-40 RELATING TO SEPARATE LODGING FOR DEBTORS, 39-23-90 RELATING TO PENALTIES FOR VIOLATING SECTION 39-23-80, AND 54-9-80 RELATING TO IMPRESSING SEAMEN.
Very respectfully,
President

No. 230

H. 3151--ORDERED ENROLLED FOR RATIFICATION

The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

The COMMITTEE OF FREE CONFERENCE, to whom was referred:H. 3610, General Appropriations Bill for Fiscal Year 1993-94
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

Rep. BOAN explained the Free Conference Report.

SPEAKER PRO TEMPORE IN CHAIR

Rep. BOAN continued speaking.

SPEAKER IN CHAIR

Rep. HODGES explained the Free Conference Report.

Rep. BOAN explained the Free Conference Report.

Rep. McELVEEN spoke against the Free Conference Report.

Rep. KENNEDY spoke upon the Free Conference Report.

Rep. BOAN explained the Free Conference Report.

RULE 5.14 WAIVED

Rep. BOAN moved to waive Rule 5.14, which was agreed to by a division vote of 89 to 0.

The question then recurred to the adoption of the Free Conference Report.

Rep. WALKER demanded the yeas and nays, which were not ordered.

The Free Conference Report was adopted by a division vote of 85 to 12 and a message was ordered sent to the Senate accordingly.

RECORD FOR VOTING

Despite my great respect for Mr. Boan and members and staff of the House Ways and Means Committee, I cannot vote for the General Appropriations Bill. Here are three primary reasons:

(1) Giving a taxpayer who has lost his case before the Tax Commission a $200,000 tax credit is wrong and sets a dangerous precedent. Would we do this for an individual taxpayer who felt he should have gotten a deduction? Each year the Supreme Court rules on a number of cases where taxpayers feel they were wrongfully required to pay their taxes. Must we do away with this appeals process? How effective are you if you can't get this treatment for your constituent?

(2) We are spending $65 million more than we were told we had to spend when the House was considering the Appropriations Bill. Some of this money, derived by utilizing a loophole in the federal Medicaid rules, is being spent on recurring obligations. What happens if this loophole is closed; or, worse yet, closed retroactively; or if our plan just doesn't work. Seems to me this is how we lost our AAA credit rating.

(3) The $1.00 tax on "adult videos" seeks to benefit from something that is illegal in many communities. How can a video store operator know which movies to charge the tax on--unless the Tax Commission reviews every video in the store?

We should not "balance" our budget on such tenuous revenues. If we can get the $65 million from Washington, fine--but don't spend it. I'm afraid this budget invites shortfalls again unless the economy picks up. The bill also passes about $200,000 in expenses to my county for incarceration of juveniles. The House Bill delayed implementation of this requirement until a statewide plan for detention centers was in effect.

Rep. JOSEPH T. McELVEEN, JR.

RECORD FOR VOTING
Note to Journal

I voted against H-3610, General Appropriations Bill, because it includes a section which amends the S.C. Code of Laws to give a retroactive tax break to one industry in South Carolina in the amount of $200,000. I disagree with this action in principle; it sets a bad precedent; and I cannot in good conscience be a party to passing such irresponsible legislation.

We are also again paying recurring expenses with one time money (the Medicaid windfall). This is also irresponsible and is the type of activity that caused us to lose our triple A credit rating.

For these reasons, I feel that I must reluctantly vote against the Appropriations Bill.

Rep. TIMOTHY C. WILKES

District # 41

RECORD FOR VOTING

Because I am opposed to this form of restructuring state government, which is incorporated in the budget, I wish to be recorded as voting against the Appropriations Bill.

Rep. G. RALPH DAVENPORT

H. 3135--FREE CONFERENCE POWERS GRANTED

Rep. TUCKER moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

H. 3135 -- Reps. Corning, Quinn, Hallman, Cato, Jaskwhich, Shissias, Harrison, Harrell, Waites, Littlejohn, A. Young, Vaughn, Haskins, J. Bailey, Walker, Simrill, Robinson, D. Wilder, J. Wilder, G. Brown, Graham, Kirsh, Davenport, Stone, Meacham and Wells: A BILL TO AMEND ACT 610 OF 1990, RELATING TO THE JUDICIARY, SO AS TO EXTEND THE LIMIT ON DIRECT SOLICITING OF MEMBERS OF THE GENERAL ASSEMBLY FOR VOTES FOR JUDICIAL CANDIDATES BEFORE THE QUALIFICATIONS OF ALL CANDIDATES FOR THE OFFICE ARE DETERMINED BY THE JUDICIAL SCREENING COMMITTEE TO INDIRECT SOLICITATION, TO DEFINE INDIRECT SOLICITATION AND PROVIDE EXCEPTIONS TO REQUIRE THE COMMITTEE TO CONSIDER VIOLATIONS OF THIS SECTION WHEN CONSIDERING A CANDIDATE'S QUALIFICATIONS; AND TO DESIGNATE SECTION 6, PART IV, ACT 610 OF 1990 AS SECTION 2-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976.

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. TUCKER, CORNING and THOMAS to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

The COMMITTEE OF FREE CONFERENCE, to whom was referred:H. 3135 -- Reps. Corning, Quinn, Hallman, Cato, Jaskwhich, Shissias, Harrison, Harrell, Waites, Littlejohn, A. Young, Vaughn, Haskins, J. Bailey, Walker, Simrill, Robinson, D. Wilder, J. Wilder, G. Brown, Graham, Kirsh, Davenport, Stone, Meacham and Wells: A BILL TO AMEND ACT 610 OF 1990, RELATING TO THE JUDICIARY, SO AS TO EXTEND THE LIMIT ON DIRECT SOLICITING OF MEMBERS OF THE GENERAL ASSEMBLY FOR VOTES FOR JUDICIAL CANDIDATES BEFORE THE QUALIFICATIONS OF ALL CANDIDATES FOR THE OFFICE ARE DETERMINED BY THE JUDICIAL SCREENING COMMITTEE TO INDIRECT SOLICITATION, TO DEFINE INDIRECT SOLICITATION AND PROVIDE EXCEPTIONS TO REQUIRE THE COMMITTEE TO CONSIDER VIOLATIONS OF THIS SECTION WHEN CONSIDERING A CANDIDATE'S QUALIFICATIONS; AND TO DESIGNATE SECTION 6, PART IV, ACT 610 OF 1990 AS SECTION 2-19-70, CODE OF LAWS OF SOUTH CAROLINA, 1976.
Beg leave to report that they have duly and carefully considered the same and recommend:

Strike all after the enacting words and insert:

SECTION 1. Section 11A.1 of Part 1 of the annual general Appropriations Act for Fiscal Year 1993- 1994, an act bearing the ratification number _____, (bill number H. 3610), is further amended to read:

Part I, Section 11A.1

The amount appropriated in this section for "Defense of Indigents" shall be apportioned among counties in accord with Section 17-3-10, 1976 Code, but on a per capita basis and based upon the official United States Census for 1990. The level of contribution of each county as of July 1, 1992, must be maintained. No county shall be permitted to contribute less money than the amount the county contributed as of July 1, 1992. Within the amount of money established for indigent defense services, the State shall set aside at least $1,675,000$2,750,000 (Death Penalty Trial Fund) annually exclusively for use of the defense in capital cases pursuant to Section 16-3-26 of the 1976 Code, and for the expenses of the operation of Office of Indigent Defense. The State also shall set aside $1,000,000 annually to pay fees and expenses of private counsel appointed in non-capital cases pursuant to Section 17-3-50 (Conflict Fund). Of the funds generated from the surcharge imposed pursuant to Section 14-1-213 of the 1976 Code, one half must be deposited into the Death Penalty Trial Fund for the defense of capital cases until the fund reaches $1,675,000.and the application fee provided in Section 17-3-30(B), on a monthly basis, 50% must be deposited into the Death Penalty Trial Fund, 30% must be deposited into the Conflict Fund until each of these funds has received the required level of deposit, and remaining funds each month must be apportioned among the counties pursuant to Section 17-3-10. When either the Death Penalty Trial Fund or the Conflict Fund has been fully funded, the monthly revenue being set aside for that fund will be directed to the other fund until it is completely funded. Upon complete funding of both the Death Penalty Trial Fund and the Conflict Fund, all revenue collected pursuant to Section 14-1-213 and Section 17-3-30(B) must be apportioned among the counties. At the end of each fiscal year, any funds remaining in the Conflict Fund shall be treated as provided in Section 17-3-330(B). At the end of each fiscal year any leftover funds shall carryover to the next fiscal year. All applications for the payment of fees and expenses in capital cases shall be applied for from this fundthe Death Penalty Trial Fund which shall be administered by the Office of Indigent ServicesDefense. All applications for the payment of fees and expenses of private counsel or expenses of public defenders pursuant to Section 17-3-50 shall be applied for from the Conflict Fund administered by the Office of Indigent Defense. If all funds in either the Death Penalty Trial Fund or the Conflict Fund are exhausted before the end of the fiscal year, any outstanding awards of attorney fees or expenses shall be the obligation of the county.

SECTION 2. Section 16-3-26 of the 1976 Code of Laws, as last amended by the annual general Appropriations Act for Fiscal Year 1993- 1994 bearing ratification number ____ (bill number H. 3610) is further amended to read:

"Section 16-3-26. (A) Whenever the solicitor seeks the death penalty he shall notify the defense attorney of his intention to seek such penalty at least thirty days prior to the trial of the case. At the request of the defense attorney, the defense attorney shall be excused from all other trial duties ten days prior to the term of court in which the trial is to be held.

(B) Whenever any person is charged with murder and the death penalty is sought, the court, upon determining that such person is unable financially to retain adequate legal counsel, shall appoint two attorneys to defend such person in the trial of the action. One of the attorneys so appointed shall have at least five years' experience as a licensed attorney and at least three years' experience in the actual trial of felony cases, and only one of the attorneys so appointed shall be the Public Defender or a member of his staff. In all cases where no conflict exists, the public defender or member of his staff shall be appointed if qualified. If a conflict exists, the court shall then turn first to the contract public defender attorneys, if qualified, before turning to the Office of Indigent Defense.

Notwithstanding any other provision of law, the court shall order payment of all fees and costs from funds available to the Office of Indigent Defense for the defense of indigents. Any attorney appointed shall be compensated at a rate not to exceed fifty dollars per hour for time expended out of court and seventy-five dollars per hour for time expended in court. Compensation shall not exceed twenty-five thousand dollars and shall be paid from funds available to the Office of Indigent Defense for the defense of indigents represented by court-appointed, private counsel.

(C) (1) Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably necessary for the representation of the defendant whether in connection with issues relating to guilt or sentence, the court shall authorize the defendant's attorneys to obtain such services on behalf of the defendant and shall order the payment, from funds available to the Office of Indigent Defense, of fees and expenses not to exceed twenty-five hundredtwenty thousand dollars as the court shall deem appropriate. Payment of such fees and expenses may be ordered in cases where the defendant is an indigent represented by either court-appointed, private counsel or the public defender.

(2) Provided upon exhaustion of the funds provided through the Office of Indigent Defense, any outstanding awards of attorney fees or expenses shall be the obligation of the county.

(D) Payment in excess of the hourly rates and limit in subsection (B) or (C) is authorized only if the court certifies, in a written order with specific findings of fact, that payment in excess of the rates is necessary to provide compensation adequate to ensure effective assistance of counsel and payment in excess of the limit is appropriate because the services provided were reasonably and necessarily incurred. Upon a finding that timely procurement of such services cannot await prior authorization, the court may authorize the provision of and payment for such services nunc pro tunc.

(E) After completion of the trial, the court shall conduct a hearing to review and validate the fees, costs, and other expenditures on behalf of the defendant.

(F) The Supreme Court shall promulgate guidelines on the expertise and qualifications necessary for attorneys to be certified as competent to handle death penalty cases.

(G) The Office of Indigent Defense shall maintain a list of death penalty qualified attorneys who have applied for and received certification by the Supreme Court as provided for herein. In the event the court appointed counsel notifies the chief administrative judge in writing that he or she does not wish to provide representation in a death penalty case, the chief administrative judge shall advise the Office of Indigent Defense which shall forward a name or names to the chief administrative judge for consideration. The appointment power is vested in the chief administrative judge. The Office of Indigent Defense shall establish guidelines as are necessary to ensure that attorneys' names are presented to the judges on a fair and equitable basis taking into account geography and previous assignments from the list. Efforts shall be made to present an attorney from the area or region where the action is initiated."

SECTION 3. Section 17-3-30 of the 1976 Code of Laws, as last amended by the annual general Appropriations Act for Fiscal Year 1993- 1994 bearing ratification number ____ (bill number H. 3610) is further amended to read:

"Section 17-3-30. (A) A person to whom counsel has been provided shall execute an affidavit that he is financially unable to employ counsel and that affidavit shall set forth all his assets. If it appears that the person has some assets but they are insufficient to employ private counsel, the court, in its discretion, may order the person to pay these assets to the defender corporation of the county or counties wherein he is being represented or, if a defender corporation does not exist therein, to the judicial department of the State of South Carolina.

(B) A twenty-five dollar application fee for public defender services must be collected from every person who executes an affidavit that he is financially unable to employ counsel. The person may apply to the clerk of court or other appropriate official for a waiver or reduction in the application fee. If the clerk or other appropriate official determines that the person is unable to pay the application fee, the fee may be waived or reduced. The clerk of court or other appropriate official shall collect the application fee imposed by this section and remit the proceeds to the state fund on a monthly basis. The monies must be deposited in an interest-bearing account separate from the general fund and used only to provide for indigent defense services. The monies shall be administered by the Office of Indigent Defense. The monies collected pursuant to this provision shall be used for the payment of court-appointed private counsel to represent indigent defendants and the fees and expenses court-ordered in the defense of all indigents whether they are represented by the public defender corporation of the county or court-appointed private counsel. However, each county public defender corporation shall receive an annual appropriation from this fund.

(C) Sufficient funds shall be set aside from allocations provided for the defense of indigents to provide for adequate screening of applications for indigent assistance to ensure the applicant is qualified."

SECTION 4. Section 17-3-330 of the Code of Laws of 1976, as last amended by the annual general Appropriations Act for Fiscal Year 1993 - 1994 bearing ratification number ____ (bill number H. 3610) is further amended to read:

"Section 17-3-330. (A) The Office of Indigent Defense shall:

(1) serve as the entity which distributes all funds appropriated by the General Assembly for the defense of indigents, including funds allocated to counties pursuant to formula, funds for the defense of capital cases, funds for attorney fees and expenses in non-capital cases, and other funds appropriated for these purposes;

(2) perform those functions provided under Section 16-3-26(G);

(3) serve as a resource for the compilation of accurate statistical data covering the indigent defense system in this State;

(4) implement other duties the commission may direct; and

(5) report annually to the General Assembly on the indigent defense system.

(B) On or about June 30, 1994 and every year thereafter on that date, if the Office of Indigent Defense determines, after taking into consideration all outstanding obligations against the fund for payment of attorney fees and expenses in non-capital cases, that unexpended funds remain, these funds shall be rolled over into the fund for payment of attorney fees and expenses in capital cases; provided however this shall occur only in the event the funds in the capital fund have been exhausted at that time. This fund shall at no time exceed $2.75 million dollars. "

SECTION 5. Section (I) of Section 45, Part II of the annual general Appropriations Act for Fiscal Year 1993 - 1994 (bill number H. 3610) bearing ratification number ___ is further amended as follows:

(I) This section takes effect July 1, 1993, and the ten percent surcharge on criminal fines and the public defender services' application fee shall be collected for every offense occurring on or after July 1, 1993. The payment schedule set forth in Section 17-3-50 shall apply to any case for which the arrest has occurred, or for which the warrant or indictment has been issued, on or after July 1, 1993. The payment schedule set forth in Section 16-3-26 shall apply to any case for which the indictment was issued on or after December 7, 1992 trial occurs on or after July 1, 1993.

SECTION 6. The amendments to Sections 16-3-26, 17-3-30, and 17-3-330, all of the 1976 Code of Laws, contained in this act supersede all other amendments to these code sections enacted during the 1993 Session of the General Assembly, regardless of effective date or order of enactment. The amendments to Section 11A.1, Part I and Section 45 (I), Part II of an act bearing ratification number ____, the annual general Appropriations Act of the Fiscal Year 1993 - 1994 (H. 3610) contained in this act supersede the provisions of those sections as enacted in the annual general Appropriations Act, regardless of effective date or order of enactment.

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 14, 1993
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 2:00 P.M., Tuesday, June 15, 1993 for the purpose of Ratifying Acts, and informs the House of its schedule and procedure subsequent to the ratification of acts.

I move that when the Senate adjourns today, it adjourns and authorizes the President to meet with the Speaker at 2:00 P.M. tomorrow for the exclusive purpose of ratifying H. 3610, H. 3546 and such other bills as may be enrolled and which are ready to be ratified and to read any local bills which have the unanimous consent of the affected delegation and further to authorize the Senate to meet at 10:00 A.M. on June 16, 17, and 18 for local matters that have the unanimous consent of the affected delegation and further to authorize the President of the Senate and the Speaker of the House, to meet on June 18 for the ratification of acts and further that when the Senate adjourns on Friday, June 18, 1993, it shall stand adjourned to meet in accordance with the provisions of S. 803.

Very respectfully,
President

On motion of Rep. WILKINS the invitation was accepted.

MOTION ADOPTED

Rep. WILKINS moved that when the House adjourns, it adjourn to meet tomorrow at 1:45 P.M. for the purpose of ratifying Acts, after which, the House shall stand adjourned until Friday, June 18, at a time to be determined by the Chair for the purpose of ratifying Acts, which was agreed to.

MOTION ADOPTED

Rep. WILKINS moved that when the House adjourns on Friday, June 18, it shall stand adjourned to meet at 11:00 A.M. on Friday, June 25, in accordance with S. 803 (Sine Die Adjournment Resolution).

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4298 -- Rep. Stuart: A CONCURRENT RESOLUTION TO CONGRATULATE THE TOWN OF NEESES UPON THE OCCASION OF ITS UPCOMING ONE HUNDREDTH ANNIVERSARY IN NOVEMBER, 1993.

H. 4299 -- Rep. Stuart: A CONCURRENT RESOLUTION TO CONGRATULATE THE TOWN OF NORWAY UPON THE OCCASION OF ITS UPCOMING ONE HUNDREDTH ANNIVERSARY IN DECEMBER, 1993.

H. 4301 -- Reps. G. Bailey and Harvin: A CONCURRENT RESOLUTION CONGRATULATING MR. AND MRS. JAMES W. BILTON, SR. OF DORCHESTER COUNTY ON THE OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY, AND EXTENDING THEM BEST WISHES FOR MANY MORE YEARS OF HAPPINESS TOGETHER.

ADJOURNMENT

At 6:50 P.M. the House in accordance with the motion of Rep. D. WILDER adjourned in memory of Dr. Reid Montgomery, to meet at 1:45 P.M. tomorrow for the purpose of ratifying Acts.